 | Alabama. Supreme Court - 1881 - عدد الصفحات: 768
...remaining portions. 2. Statute portly 'niconntUutiunal, — When part of a statute is unconstitutional, "if that which remains is complete in itself, and capable...legislative intent, wholly independent of that which is rejected, it must be sustained." 3. Limitation of action ayainst railroad company, for injuries... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1912 - عدد الصفحات: 800
...whether they are essentially and inseparably connected in substance. If, when the unconstitutional part is stricken out, that which remains is complete in...being separated, within the meaning of this rule." Cooley's Constitutional Limitations (7th Ed.), pp. 246 and 247, notes and cases cited. The original... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1907 - عدد الصفحات: 792
...eliminating objectionable provisions, leaving those which are not objectionable to stand. The rule is : " If, when the unconstitutional portion is stricken...which remains is complete in itself, and capable of 1907] WAYNE Co. ROAD COM'BS v. AUDITORS. 269 being executed in accordance with the apparent legislative... | |
 | Illinois. Supreme Court - 1907 - عدد الصفحات: 712
...rule which prevails as to statutes containing constitutional and unconstitutional provisions is, that if, when the unconstitutional portion is stricken...is complete in itself and capable of being executed with the apparent legislative intent, wholly independent of that which is rejected, the remaining constitutional... | |
 | Thomas McIntyre Cooley - 1868 - عدد الصفحات: 776
...sections is purely artificial ; but whether they are essentially and inseparably connected in substance.2 If, when the unconstitutional portion is stricken...complete in itself, and capable of being executed wholly independent of that which was rejected, it must be sustained. The difficulty is in determining... | |
 | North Carolina. Supreme Court - 1905 - عدد الصفحات: 922
...general purpose. The rule is thus stated: "Where the unconstitutional portions are stricken out and that which remains is complete in itself and capable...in accordance with the apparent legislative intent, it must be sustained." 26 Am. & Eng. Enc. LOWERY v. SCHOOL TRUSTEES. (2 Ed.), 570, in which a large... | |
 | Nevada. Supreme Court - 1873 - عدد الصفحات: 436
...22 Cal. 386. The true test of the constitutionality of such laws is thus expressed by Judge Cooley: "If, when the unconstitutional portion is stricken...is complete in itself and capable of being executed wholly independent of that which was rejected, it must be sustained." Applying these rules to the act... | |
 | 1916 - عدد الصفحات: 502
...invalid." 6 Am. and Eng. Encyc. Law, 1089. And : "When the unobjectionable portion is distinct and complete in itself and capable of being executed in...apparent legislative intent, wholly independent of that portion which is invalid, the former will be upheld." Ibid. 1088. It seems very difficult indeed to... | |
 | Michigan. Legislature - 1875 - عدد الصفحات: 1074
...without the other." The question is " whether they are inseparably connected in substance ; whether, when the unconstitutional portion is stricken out,...intent, wholly independent of that which was rejected," if so it must be sustained, otherwise not. — Cooley's Const, Lim., p. 178. In my opinion, the clause... | |
 | Nevada. Supreme Court - 1876 - عدد الصفحات: 518
...12 Wall. 430; Paul v. Virginia, 8 Wall. 180; Slaughter-House Cases, 16 Wall. 767; 18 Wall. 138-9.) If when the unconstitutional portion is stricken out,...of that which was rejected, it must be sustained. (Cooley's Const. Lim. 176; LatJn-op v. Mills, 19 Cal. 530; Slawson v. City of Eacine, 13 Wis. 404;... | |
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If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained. 
